HomeMy WebLinkAboutA003 - Street Right-of-Way Easement 79-3 y
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STREET RIGHT-OF-WAY EASEMENT 79-3 M
WHEREAS, the State of Iowa holds title to the following real property lo-
cated in Story County, Iowa for the use and benefit of Iowa
State University of Science and Technology under the juris-
diction of the State Board of Regents, to-wit:
South of 13th Street between Stange Road and Hyland Avenue
in Section 33, T84N , R24W of the 5th P.M. , Ames, Story Coun-
ty, Iowa as shown on the plat, Parcel No. 2, attached.
NOW THEREFORE, the Iowa State Board of Regents for the use and
benefit of Iowa State University of Science and Technology,
(hereinafter referred to as the Grantor) and in consideration of
the payment of One Dollar and other considerations as herein
contained, hereby grants unto the City of Ames, Iowa (herein-
after referred to as the Grantee) the following Street Right-of-
Way Easement subject to these terms, covenants and conditions,
to-wit:
1. Location: The easement herein granted shall be located upon
and limited to a permanent easement of that part of the
Southwest Quarter of Section 33, Township 84 North, Range
24 West of the 5th P.M. , Story County, Ames, Iowa, de-
scribed as follows: Commencing at the Southwest corner of
the Southeast Quarter of the Southwest Quarter of said
Section 33; thence S 900 00' 00" W 424.90 feet along the
South line of said Southwest Quarter to centerline Station
12+29.98 of Relocated 13th Street in the City of Ames, Iowa,
and the beginning of a 1273.24 foot radius, non-tangent
curve, concave Northwesterly; thence Northeasterly 141.68
02208 feet along said Relocated centerline and said curve, with a
Mr.NO.
COUNTY, IOWA chord bearing N 790 37' 36" E 141.61 feet to Station 13+71.66
STORY FILED FOR RECORD said Relocated centerline; thence N 130 33' 40" W 48.37 feet
�, along a line radial to the last said curve, to a point on the
/Q a.M. S E P 1 91979 - existing Northerly right-of-way line of 13th Street in the
SUSAN L.POTTER,Recorder City of Ames, Iowa, and the point of beginning, said point
also being on the Easterly line of Hyland Avenue extended
aOPU' Northerly in said City of Ames; thence N 000 03' 17" W 6.82
feet along said Easterly line of Hyland Avenue extended
Northerly to a point 55.0 feet Northwesterly, . measured
radially, from Station 13+73.33 said Relocated centerline;
thence N 630 17' 17" E 255.59 feet to a point on the South-
erly right-of-way line of the Chicago and North Western
Transportation Company, said point being 87.0 feet North-
westerly, measured at right angles, from Station 16+39.70
said Relocated centerline, said point also being the beginning
of a 3224.17 foot radius (chord definition), non-tangent
curve, concave Southerly; thence Easterly 134.72 feet along
said Transportation Company right-of-way line and said
curve, with a chord bearing S 780 50' 18" E 134.71 feet to a
point on said existing Northerly right-of-way line of 13th
BOOK _ PAGE
STREET RIGHT-OF-WAY EASEMENT 79-3
Street, said point being 10.87 feet Northwesterly, measured
radially, from Station 17+49.33 said Relocated centerline, said
point also being the beginning of a 1014.93 foot radius,
non-tangent curve, concave Southeasterly; thence South-
westerly 7.27 feet along said existing Northerly right-of-way
line of 13th Street and along said curve, with a chord bear-
ing S 700 12' 19" W 7.27 feet; thence S 700 00' 00" W 121.97
feet along said existing Northerly right-of-way line of 13th
Street to the beginning of a 894.93 foot radius, tangent
curve, concave Northwesterly; thence Southwesterly 245.25
feet along said existing Northerly right-of-way line of 13th
Street and along said curve, with a chord bearing S 771 51'
03" W 244.49 feet to the point of beginning; containing 15,384
square feet.
2. Use: Said premises shall be used by the Grantee for the
purpose of constructing, reconstructing, operating, main-
taining and repairing a public street, including all appurte-
nances required therefore, together with the right of ingress
thereto, and for no other purpose.
3. Access: Grantee's entrance upon the Grantor's premises for
the purpose of construction on or servicing said easement,
or for the repair or removal of the same, shall be over rea-
sonable routes of access designated by officials of Iowa State
University of Science and Technology for whose beneflt the
premises are held by the Grantor, and any parts of said
premises, damaged in the course thereof shall be promptly
replaced or restored by the Grantee.
4. Excavations: All ditches, trenches and other excavations
shall e firmly filled and maintained in such manner as to
present no. hazard or obstacle to Grantor's use of the pre-
mises for other purposes.
5. Utilities Crossings: All crossings of existing sewers, water
nes, electric `lines or other existing facilities shall be ac-
cording to specifications and details of the engineer or other
official of Iowa State University of Science and Technology in
charge of such installations, and Grantor shall have the
right to construct any such facilities across or through the
easement tract in such manner as not to interfere with
Grantee's facilities installed hereunder.
6. Livability: Grantee covenants to indemnify and save the
ry antor and its successors in interest and Iowa State Uni-
versity of Science and Technology and the officers, em-
ployees, students, tenants, guests ' and invitees thereof,
harmless from any and all damages arising, directly or in-
directly, from the grant of this easement. Damages to
crops, fences, or other property of the Grantor or its
BOOK . -154- PAGE 02443
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STREET RIGHT-OF-WAY EASEMENT 79-3
tenants during the original construction and subsequent
maintenance, repair and use of the premises granted in this
easement shall be promptly compensated for by the Grantee.
7. Rights Reserved: The Grantor reserves to itself and to
Iowa State U n v�ersity of Science and Technology the right to
the full use of said premises for any purpose it sees fit
which does not interfere with Grantee's rights herein grant-
ed.
8. Relocation: In the event the Grantor requests a relocation
of said facilities and easement because of the development of
the area for the use and benefit of the Iowa State University
of Science and Technology,. the Grantee agrees to move or
relocate said facilities to some other suitable locations to be
provided by the Grantor, the actual cost of relocation, not
to exceed the depreciated value of the facilities at said time
as mutually agreed upon by both parties, assuming a useful
life of thirty (30) years, to be paid by Grantor, provided
that after thirty (30) years from the date of this Agreement
the liability of Grantor for the cost of relocation shall termi-
nate.
9. Consideration: The consideration for this grant is the fact
that the—ladlities to be constructed serve the requirements
of facilities hereafter operated by the Grantor. " The Grantee
shall construct and maintain on both sides of the 13th Street
right-of-way and on the west side of the Stange Road right-
of-way between 13th Street and Squaw Creek chain link
fencing and hazard barriers to protect the users of 13th
Street from golf balls, wildlife and persons that might stray
onto the right-of-way and to restrict access to University
property from 13th Street. Construction and maintenance of
said fencing and hazard barriers shall be subject to the
minimum requirements of the University.
10. Duration: This easement is granted and all rights hereunder
shall endure for so long as the Grantee continues to use the
same for a public street. Whenever said use shall be discon-
tinued, all rights granted herein shall terminate and revert
to the Grantor.
11. Assignment Prohibited: This grant is to the Grantee only
and , cannot be assigned in whole or part to any other party
without written consent of the Grantor.
Each and all the above terms, covenants and conditions are of the essence
hereof, and the Grantee, by accepting this instrument, covenants to
comply and perform as so specified; the Grantee's failure to do so shall
entitle the Grantor to terminate all rights hereunder by serving a written
notice upon the Grantee specifying' its defaults, and if Grantee fails to
comply fully as obligated herein within one year after said notice, all its
rights, title and interest hereunder shall cease and terminate and the
Grantor shall be entitled to full possession of the premises.
-3- BOOK _157(az PAGE =:.f4
STREET RIGHT-OF-WAY EASEMENT 79-3
IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly
execute by its lawfully designated officials this day of
1979.
State Board of Regents
By
Dir. of Facilities & Bus. M t.
State of Iowa )
)ss:
County of Polk )
On this day of A.D. 19�j, before me, the
undersigned, a otar 1. in an or sad County in said State, person-
ally appeared of the State Board
of Regents, known to me and o executed the foregoing document and
Vbo acknowledged that he/she ecuted the same as a voluntary act and
ec1•
`Y Nlti dub is in and or _a Ad County
• > My ( mmiton expires: -3�-
aF�eutive Council
'Sii��e I
By
Secretary
State of Iowa )
� = )as:
k ;V o County of Polk )
j0,
y oo "o° ;a On this day of A.D. 192, before me, the
1 c dersigned, a notary public in n or sai County in said State, person-
' ,v,! >•kwldly appeared Zv Secretary of the State Executive
`''Council, known to me and who executed the foregoing document and who
acknowledged that he/she executed the same as a voluntary act and deed.
Notary- Tublic in and for Said County
My commission expires: � •,�v- ��
BOOK PAGE -� S
-4-
STREET RIGHT-OF-WAY EASEMENT 79-3
City of Ames
By —�
Mayor
State of Iowa )
)ss:
County of Story)
On this _:?!�-_ day of A.D. 19� before me, the
undersigned, t1ary public n said County in said State, person-
ally appeare
known to me an w o e cuted t e i`oregoi document and who acknowl-
edged that he/she executed the same as a voluntary act and deed.
Notary Pu 1 in an or a ounty
My commission expires:
A.
BOOK PAGE
-5-
PARCEL NO: 2
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CITY OF AMES, IOWA RIGHT OF WAY PLAT
SEC.33 TWR_ 84 RANGE 24 W PROJECT NO.M-0166(2)--81-85
R.O.W.- FEE -- SO.FT. EASE.15e384 SO. FT.
ACOUIREO FROM IOWA STATE UNIVERSITY
FOR CITY OF AMES. IOWA
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BOOK . a- PAGE
PARCEL NO. 2, !
RIGHT OF WAY DESCRIPTION
That part of the Southwest Quarter of Section 33, Township 84 North,
Range 24 West of the 5th P.M., Story County, Ames, Iowa, described as
follows: Commencing at the Southwest corner of the Southeast Quarter of
the Southwest Quarter of said Section 33; thence S 900 00' 00" W 424.90
feet along the South line of said Southwest Quarter to centerline Station
12+29.98 of Relocated 13th Street in the City of Ames, Iowa, and the
beginning of a 1273.24 foot radius, non-tany_ent curve, concave Northwesterly;
thence Northeasterly 141.68 feet along said Relocated centerline and said
curve, with a chord bearing N 790 37' 36" E 141.61 feet to Station 13+71.66
said Relocated centerline; thence N 130 33' 40" W 48.37 feet along a line
radial to the last said curve, to a point on the existing Northerly right-of-
way line of 13th Street in the City of Amx�s, Iowa, and the point of beginning,
said point also being on the Easterly line of Hyland Avenue extended Northerly
in said City of Ames; thence N 000 03' 17" W 6.82 feet along said Easterly
line of Hyland Avenue extended Northerly to a point 55.0 feet Northwesterly,
measured radially, from Station 13+73.33 said Relocated centerline; thence
N 630 17' 17" E 255.59 feet to a point on the Southerly right-of-way line of
the Chicago and North Western Transportation Company, said point being 87.0
feet Northwesterly, measured at right angles, from Station 16+39.70 said
Relocated centerline, said point also being the beginninn of a 3224.17 foot
radius (chord definition), non-tangent curve, concave Southerly; thence
Easterly 134.72 feet along said Transportation Company right-of-way line and
said curve, with a chord bearing S 780 50' 18" E 134.71 feet to a point on
said existing Northerly right-of-way line of 13th Street, said point beinn
10.87 feet Northwesterly, measured radially, from Station 17+49.33 said
Relocated centerline, said point also being the beginning of a 1014.93 foot
radius, non-tangent curve, concave Southeasterly; thence Southwesterly 7.27
feet alonq said existing Northerly right-of-way line of 13th Street and alonn
said curve. with a chord, bearing S 706 12' 19" W 7.27 feet; thence
S 700 00' 00" 'W 121.97 feet along said existing Northerly right-of-way line
of 13th Street to the beginning of a 894.93 foot radius, tangent curve,
concave Northwesterly; thence Southwesterly 245.25 feet along said existing
Northerly right-of-way line of 13th Street and along said curve, with a chord
bearing S 77 51' 03" W 244.49 feet to the point of beginninn; containing
15,384 square feet.
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